The criminal offence of marking premises or property is a graffiti related criminal offence that can lead to serious consequences, including imprisonment. Criminal Lawyers Group have been nationally recognised as the number one criminal law firm in NSW for securing the best outcomes for clients who have been charged with the graffiti related criminal offence of marking premises or property.
If you or anyone you know have been accused or charged with the graffiti related criminal offence of marking premises or property, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE GRAFFITI RELATED CRIMINAL OFFENCE OF MARKING PREMISES OR PROPERTY?
The graffiti related criminal offence of marking premises or property is enshrined in Section 4 of the Graffiti Control Act 2008 (NSW), which constitutes it a criminal offence for a person to, without reasonable excuse (proof of which lies on the person), intentionally mark any premises or other property, unless the person has first obtained the consent of the following:
- In relation to premises that are occupied—the occupier or person in charge of the premises.
- In relation to premises that are unoccupied or other property—the owner or person in charge of the premises or property.
WHAT IS THE PUNISHMENT FOR THE GRAFFITI RELATED CRIMINAL OFFENCE OF MARKING PREMISES OR PROPERTY?
Section 4 of the Graffiti Control Act 2008 (NSW) prescribes a maximum penalty of $440 for anyone convicted of the graffiti related criminal offence of marking premises or property. A conviction may also have negative repercussions on your professional life and career.
POTENTIAL IMPRISONMENT IN CIRCUMSTANCES OF AGGRAVATION
Section 4 of the Graffiti Control Act 2008 (NSW) prescribes a maximum penalty of 12 months imprisonment or a $2200 fine for anyone convicted of committing the graffiti related criminal offence of marking premises or property in circumstances of aggravation.
Circumstances of aggravation with respect to the graffiti related criminal offence of marking premises or property means circumstances involving 1 or more of the following:
- The person intentionally marks the premises or other property by means of a graffiti implement.
- The person marks the premises or other property in a way that the mark is not readily removable by wiping, or the use of water or detergent.
- The premises or other property is a place of worship.
NO IMPRISONMENT FOR NON-PERSISTENT OFFENDERS
Despite the penalty of imprisonment available for a conviction of the graffiti related criminal offence of marking premises or property in circumstances of aggravation, Section 4 of the Graffiti Control Act 2008 (NSW) also prescribes that anyone convicted of the graffiti related criminal offence of marking premises or property in circumstances of aggravation must not be sentenced to imprisonment unless the person has previously been convicted of an offence under this section or section 5 (or under section 10A or 10B of the Summary Offences Act 1988 as in force before their repeal by this Act) on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again.
NSW POLICE INVESTIGATING GRAFFITI SPRAYED ON WALLS AT MOSQUE
NSW Police are investigating an incident of graffiti after the words “no migrants”, “Hamas Albo”, and “Albo liar” were found on the walls of the Rooty Hill Masjid in Mount Druitt and a nearby house just a few hundred metres down from the mosque.
The ABC reported that it had been informed by Council that this was the second time that the nearby house had been vandalised.
Ed Husic MP, Federal Member for Chifley described the vandalism as un-Australian and criminal.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the graffiti related criminal offence of marking premises or property, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the graffiti related criminal offence of marking premises or property.
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